DINOSAUR FOSSILS: Summary judgment that surface estate owners are sole owners of fossils affirmed in light of Montana Supreme Court’s certified question answer… Watters affirmed. [Read more…]
Archives for June 2020
Settlements
Plan I
Shana Hesse, lower arm, 1/20, disputed, $10,000, Chris Helmer [Read more…]
Income taxes, Montana v. Texas residency
INCOME TAXES: Actions speak louder than words in finding Montana residency over claimed Texas residency… DOR/MTAB/Reynolds affirmed. [Read more…]
Administrative procedures, FWP promotion rescission
ADMINISTRATIVE LAW: FWP employee whose promotion to Enforcement Division Chief was rescinded in favor of competitor failed to exhaust grievance remedies required for judicial review… Reynolds affirmed. [Read more…]
Deferred prosecution, $25 administration fee
DEFERRED PROSECUTION: Town provided justification for $25 administration fee as a “reasonable condition” of a DPA… Christopher affirmed (IOR I-3(c)). [Read more…]
$19,950.25 fees/costs, child death discovery sanctions
ATTORNEY FEES: $19,950.25 fees/costs awarded Plaintiff for Defendants’ failure to produce requested financial information prior to summary judgment on punitives claims in UTV child death case, with deductions recommended by Plaintiffs’ expert and over objection by Defendants that if the law requires fees when punitives claim was subsequently dismissed then “the law is a ass.”… Gilbert. [Read more…]
Initiatives, sewer project repeal
INITIATIVES: Petitions to mandate placement on ballot of initiatives to repeal sewer project denied, one for lack of clear legal duty by Election Administrator in administrative action or abuse of discretion by local attorney’s advisement, one by laches… Deschamps. [Read more…]
Railroads, engineer termination, red light v. safety reports
RAILROADS: Engineer’s claim that he was terminated in retaliation for reports of crew fatigue, lack of PTC on train that was in a red block incident, and failure to adequately train conductors rejected on summary judgment… Christensen. [Read more…]
Settlements
Plan I
Timothy Parcel, lower leg, 11/15, $73,106, Leslae Dalpiaz [Read more…]
Statutes of limitations, no general pandemic tolling
STATUTES OF LIMITATIONS: MTLA request to toll for pandemic denied… order. [Read more…]